Government: Three months paid leave for sexual harassment victims
No one should feel unsafe at work. Yet many women still face unwanted comments, touching or pressure from people they work with. In July 2015, the central government took a step to support women in government jobs. It allowed up to three months of paid leave for sexual harassment victims while their complaint is being looked into.
This post was first written as a short news report at the time. The old version was hard to read and had some mistakes. We have rewritten it as a simple guide. It explains what the 2015 rules said and how the leave became part of the service rules in 2017. It also covers the main law on workplace harassment and how a woman can file a complaint.
Table of Contents
What Did the Government Announce in 2015?
On 16 July 2015, the Department of Personnel and Training, or DoPT, issued fresh instructions to all central government ministries and departments. The DoPT handles rules for central government staff. Here are the main points, as reported by PTI at the time.
Three Months of Leave
The complaints committee can allow the woman who has complained to take leave for up to three months. This leave is not cut from her normal leave account. So she does not lose her earned or casual leave while the inquiry goes on.
Transfer During the Inquiry
The committee can also suggest a transfer. Either the woman or the officer she has complained about can be moved to another post. This helps keep them apart and reduces the chance of pressure.
Who Sits on the Committee
Every complaints committee must be led by a woman. At least half of its members must also be women. If no woman officer senior enough is free in that office, one can be brought in from another office.
To stop senior officers from putting pressure on the committee, it must also include an outsider. This can be an NGO or another body that knows about sexual harassment issues.
Time Limit to Complain
A woman should file her complaint within three months of the incident. If there was a series of incidents, the three months are counted from the last one. The committee can allow more time if circumstances stopped her from filing on time. It must record the reasons in writing.
No Casual Handling
The DoPT also told officers not to close sexual harassment complaints lightly. A case should not be dropped just because the evidence looks weak at first.
From Instructions to Rules: The 2017 Change
In 2017, the government made this leave a formal part of the service rules for central government staff. On 15 March 2017, it notified the Central Civil Services (Leave) Amendment Rules, 2017. The new Rule 48 allows special leave of up to 90 days for a woman government servant who has filed a complaint of sexual harassment.
The leave is given on the advice of the Internal Committee or the Local Committee. It is not taken from her leave account. In simple words, she can stay away from work for up to three months during the inquiry without using up her saved leave. This is why news reports called it paid leave.
What Counts as Sexual Harassment?
The 2015 instructions list several kinds of unwelcome behaviour of a sexual nature. These include:
- Physical contact and advances
- Asking or demanding sexual favours
- Comments with a sexual meaning
- Showing obscene or sexual material
- Any other unwelcome physical, spoken or unspoken conduct of a sexual nature
The key word is “unwelcome”. If the woman does not want it, it counts.
The Main Law: The POSH Act, 2013
The 2015 instructions were built on a bigger law. It is called the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. Most people call it the POSH Act.
Where It Came From
The story starts in 1997. That year, in the Vishaka case, the Supreme Court laid down rules to deal with sexual harassment at work. The case was filed by women’s groups after Bhanwari Devi, a social worker in Rajasthan, was gang raped for stopping a child marriage. These rules became known as the Vishaka Guidelines. The POSH Act was based on them.
The Act got the President’s approval on 23 April 2013 and came into force on 9 December 2013.
Who Is Protected
The Act protects women. The old version of this post said “she or he”. That was a mistake. The law covers every woman, of any age, whether she works in a government office, a private company, a shop or a home. It also covers clients, customers and domestic workers.
Committees at Work and in Districts
- Internal Committee: Every employer with 10 or more workers must set up one at each office or branch.
- Local Committee: Each district has one, set up by the District Officer. It takes complaints from workplaces with fewer than 10 workers, and complaints made against the employer.
- Nodal officers: The District Officer also names a nodal officer in every block, taluka, tehsil, ward or municipality. This officer receives complaints and sends them to the Local Committee within seven days.
Time Limits and Safeguards
- The committee must finish its inquiry within 90 days.
- The employer or District Officer must act on its report within 60 days.
- If the woman asks, the committee can first try to settle the matter through talks.
- The inquiry must be kept secret. Anyone who breaks this can be fined Rs 5,000.
- An employer who does not follow the Act can be fined up to Rs 50,000.
The Act also has a rule against false complaints made on purpose. Some groups worry that this could scare genuine victims. But the Act itself says that simply being unable to prove a complaint should not lead to action against the woman. Bad intent must first be shown through a proper inquiry.
What Employers Must Do
The Act puts clear duties on employers. Besides setting up an Internal Committee, they are expected to make staff aware of the law. This can be done through posters and banners at the workplace, training sessions, online courses and emails about the company’s policy. Every organisation must also send a yearly report to the District Officer under the 2013 Rules.
Even so, many places still fall short. In May 2023, the Indian Express reported that half of India’s sports federations had not yet set up the Internal Committee that the law requires.
The Criminal Law
Sexual harassment is also a crime. From 1 July 2024, the Bharatiya Nyaya Sanhita (BNS) replaced the old Indian Penal Code. Section 75 of the BNS now covers sexual harassment, which was earlier under Section 354A of the IPC. A woman can go to the police as well as to the committee.
How Can a Woman File a Complaint?
If you face harassment at work, here are simple steps:
- Write it down. Note dates, times, places, what was said or done and who saw it. Save messages and emails.
- Find your committee. Ask your office for the Internal Committee. If there is none, contact the Local Committee through the District Officer.
- File in writing within three months of the last incident.
- Ask for support. You can request leave or a transfer during the inquiry.
- Use the online portal. The government’s SHe Box portal lets women file complaints online. Read our guide on the SHe Box sexual harassment portal.
This article gives general information, not legal advice. For your own case, speak to a lawyer, your committee or a women’s help group.
Why Paid Leave for Sexual Harassment Victims Matters
Facing the person you have complained about every day can be very hard. It can lead to fear, stress and pressure to take the complaint back. Paid leave gives a woman space to stay safe and take part in the inquiry without losing her income. It sends a clear message that the system is on her side.
To learn about other government support for women, read our list of top government schemes for women in India. For everyday safety tips, see our post on safety tips for women.
What We Changed From the Old Post
- The old post used the words “dissentions advisory groups”. These are complaints committees.
- It said “she or he”. The POSH Act protects women.
- We added the 2017 rule change, the POSH Act details and the new BNS law of 2024.
Frequently Asked Questions
Who can get three months of leave?
A woman central government employee who has filed a sexual harassment complaint, on the advice of the Internal or Local Committee.
Is the leave paid?
It is special leave that is not cut from her leave account, which is why it was reported as paid leave.
How long does a woman have to complain?
Within three months of the incident, or of the last incident in a series. The committee can extend this for good reason.
Does the POSH Act apply to private companies?
Yes. Every workplace with 10 or more workers must have an Internal Committee.